The bill amends the law regarding the offense of possession of drug paraphernalia in Arkansas. It reclassifies the penalties associated with such offenses, changing the classification from a Class A misdemeanor and Class D felony to an unclassified misdemeanor. The new penalties include a range of imprisonment and fines based on the number of offenses. For a first offense, the punishment is imprisonment for 24 hours to one year and a fine between $150 and $1,000. Subsequent offenses within ten years of the first will incur increased penalties, with the second offense resulting in 7 days to one year of imprisonment and fines between $400 and $3,000, and the third offense leading to 90 days to one year of imprisonment and fines between $900 and $5,000. A fourth or subsequent offense will be classified as an unclassified felony, with imprisonment ranging from one to six years and fines between $900 and $5,000.

The bill also specifies that if the controlled substance involved is methamphetamine, heroin, fentanyl, or cocaine, the penalties for the first offense will still apply, but the subsequent offenses will follow the newly established guidelines. This restructuring aims to create a more consistent and graduated penalty system for drug paraphernalia possession, reflecting the seriousness of repeated offenses while providing a clearer framework for enforcement.

Statutes affected:
HB 1947: 5-64-443(a)